A.
Word usage. Words in the singular include the plural, and words in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership as well as an individual. The word "lot" includes "parcel" or "plot." The word "building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road," "highway" and "lane"; while "watercourse" includes "drain," "ditch" and "stream." The word "may" is permissive.
B. ALLEY APPLICANT ARCHITECT BLOCK BOARD BOARD OF HEALTH BOND BUILDING PERMIT CERTIFICATE OF COMPLETION CERTIFICATE OF OCCUPANCY CLUSTERING (DWELLING GROUP) COLLECTOR STREET CONDITIONAL APPROVAL OF A FINAL PLAT CONSTRUCTION DETAIL CONTRACTOR CROSSWALK CUL-DE-SAC DEDICATION DEVELOPER DOUBLE FRONTAGE LOT DRAINAGE DISTRICT DRAINAGE EASEMENT DRIVEWAY DULY DESIGNATED OFFICER EASEMENT ENGINEER ENGINEER FOR THE VILLAGE ENVIRONMENTALLY SENSITIVE AREA ENVIRONMENTAL REVIEW FINAL SUBDIVISION PLAT FLOOD HAZARD AREA FLOOD LIMITS FLOODPLAIN FLOODWAY GRADING PLAN IMPROVEMENTS INDIVIDUAL SEWERAGE SYSTEM INSPECTOR LETTER OF CREDIT LOCAL STREET LOT MAJOR STREET MARGINAL ACCESS ROAD MINOR STREET MONUMENT MULTIPLE DWELLING OFFICE OF ZONING AND BUILDING OFFICIAL SUBMISSION DATE OWNER PARALLEL ACCESS ROAD PARCEL PARENT PARCEL PEDESTRIAN ACCESS WALKWAY PERMANENT HIGHWAY EASEMENT PIN PREAPPLICATION CONFERENCE PRELIMINARY PLAT PRIMARY OR MAJOR THOROUGHFARE PRIVATE DRIVE PRIVATE ROAD RECORD SHEET RESUBDIVISION REVERSE FRONTAGE LOT RIGHT-OF-WAY(1) (2) ROAD SERVICE DRIVE SETBACK SIGNIFICANCE DETERMINATION SKETCH PLAN STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) STREET SUBDIVIDER SUBDIVISION SUBDIVISION, MAJOR SUBDIVISION, MINOR SURVEYOR VILLAGE BOARD WETLANDS ZONING MAP ZONING ORDINANCE
Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of these regulations, have the meanings indicated:
A strip of land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more nonresidential properties.
The owner of land proposed to be subdivided or developed or his agent. Proof of agency shall be required from the legal owner of the land proposed to be subdivided.
A person licensed as an architect by the State of New York.
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of other municipalities.
The Village of Penn Yan Planning Board, created pursuant to Article 7, § 7-718 of the Village Law of the New York State Statutes.
The New York State Department of Health.
Any form of security, including a cash deposit, surety bond, collateral, property or letter of credit, in an amount and form satisfactory to the attorney for the Village. All forms of security shall be approved by the Village Board wherever a "bond" is required by these regulations.
An authorization issued by the Office of Zoning and Building to commence work on a structure in accordance with approved plats and specifications and in compliance with the New York State Uniform Fire Prevention and Building Code.
A document which certifies that all site improvements have been completed in compliance with plans approved by the Planning Board.
A document which certifies that a structure is habitable.
Authority, granted by the Village Law of the New York State Statutes, whereby the Planning Board is authorized to modify certain provisions of Chapter 202, Zoning. The modification must occur at the same time the plat or plats are approved pursuant to this chapter and modifications are subject to reasonable conditions set forth by the Village Board. The purposes of such authorization will be to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of the land. It is designed to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
A dedicated street used to carry traffic from minor streets to primary or major thoroughfares, including the principal entrance streets of a development and streets for circulation within a development.
The approval by the Planning Board of a final plat subject to conditions set forth in a resolution. Such "conditional approval" does not qualify a final plat for recording in the office of the Yates County Clerk nor does it provide authorization for the issuance of building permits.
The maps or drawings accompanying a subdivision plat or site plan and showing the specific location and design of improvements to be installed in the subdivision pursuant to the requirement of these regulations and in conformance with the Design and Construction Standards for Land Development of the Village of Penn Yan.
An agent acting for the developer to construct the required improvements of the project. The "contractor" is responsible to perform the work in conformance with these requirements subject to the approval of Village officials.
See "pedestrian access walkway."
A minor street with one end open for vehicular traffic and pedestrian access and the other end terminating in a vehicular turnaround.
The deliberate unconditional appropriation of real property by its owner for any general and public uses. Offers of "dedication" are subject to approval by the Village Board.
An individual, partnership or corporation or its agent holding title to a parcel of land to be developed or subdivided.
A lot having at least two sides fronting on separate streets which do not intersect while adjoining the lot.
A special district established or extended pursuant to the Village Law of the New York State Statutes for the purpose of constructing or maintaining stormwater drainage facilities.
The lands or easements required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
An access point serving no more than two lots and providing ingress or egress to a road or street. Mutually owned "driveways" must have reciprocal easements and a common maintenance agreement.
The person or public official authorized to sign subdivision plats or site plans pursuant to these regulations. In the absence of any designated official, the "duly designated officer" shall be assumed to be the Planning Board Chairman.
Authorization granted by a property owner for the use by another of any designated part of his property for a specified purpose not inconsistent with the general property rights of the owner.
A person licensed as professional engineer (P.E.) by the State of New York.
The duly designated Engineer for the Village of Penn Yan as may be appointed by the Planning Board to advise and oversee the subdivision on behalf of the Code Enforcement Officer.
Land or land features critical to the maintenance of ecosystems.
See "state environmental quality review (SEQR)."
A plat of a major subdivision prepared in accordance with Article III of these regulations showing the subdivision in its most detailed form.
The land in the floodplain within the community subject to a one-percent or greater chance of flooding in any given year.
The land/water boundary of a natural watercourse flowing at its one-hundred-year frequency as defined by a responsible agency, such as the United States Army Corps of Engineers and the United States Department of Housing and Urban Development.
Areas adjoining a watercourse, which are flooded as a result of a severe combination of meteorological and hydrologic conditions.
The channel and those parts of the adjoining floodplain which are required to carry and discharge floodwaters without unduly raising upstream water levels.
A plat showing all present and proposed grades for stormwater drainage and final site design.
Those physical additions and changes to the land that may be necessary to produce functional lots, including but not limited to grading, paving, curbing, fire hydrants, water mains, sanitary sewers and drains, sidewalks, pedestrian access walkways and required plantings which may or may not be offered for dedication.
A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage or other liquid wastes into the soil of the lot.
An agent of the Village empowered to inspect the progress of the project and compliance of the construction with the approved plats and specifications.
A letter taken out by the owner from a bank which guarantees the Village that a specific amount of money will be kept available for the completion of construction of facilities to be dedicated. This security can be drawn on only by the Village and guarantees that certain or all improvements will be made in accordance with the approval plats.
A dedicated minor street which has the dual purpose of providing limited access for traffic and access to individual properties. "Local streets" are not conducive to through traffic.
Land identified by legal description or tax account number which is filed or proposed to be filed in the County Clerk's office having minimum or subminimum area or dimensions permitted in the Village of Penn Yan's land use controls. A "lot" is considered to be a unit of transfer or a unit for development.
A street designed for carrying heavy volumes of through traffic.
See "parallel access road."
A street designed for a limited volume of traffic and intended to serve primarily as an access to abutting properties.
A permanent reference marker set at points as may be required in this chapter.
A dwelling consisting of three or more separate living units.
The Village of Penn Yan agency responsible for matters of code enforcement, development plat review and building construction.
The date when a subdivision plat shall be considered submitted to the Planning Board, as provided in Article 7, § 7-728 of the Village Law of the New York State Statutes, and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plats and data required in subdivision application are deemed submitted.
Any person, group of persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided or developed under these regulations.
A local street which is parallel and adjacent to a primary or major thoroughfare.
An area of land defined by a Tax Map number or by metes and bounds.
A parcel of land as it existed on the effective date of these regulations.
A right-of-way, municipally or privately owned, at least 12 feet in width, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
A strip of land adjacent to an existing street right-of-way line used for any public purpose. The front lot line shall be considered to be coincident with the "permanent highway easement" boundary. Front setbacks and other necessary lot measurements shall be measured from the "permanent highway easement" line. Where there is no requirement for a "permanent highway easement," the front line shall be considered to be coincident with the existing right-of-way line, with front setbacks and any other necessary lot measurements being measured from the existing right-of-way line.
A metal reference marker set at points as may be required in this chapter.
An informal meeting between the Village and a subdivider or developer to develop an understanding of the general design and layout of the subdivision or site. Matters to be discussed include Village policies and procedures on the subdivision of land, a timetable for review and general agreement concerning the project design and on the statement of intent of the proposed subdivision.
A tentative subdivision plat clearly marked "preliminary plat," prepared in accordance with Article III of these regulations. This plat shows in greater detail than the sketch plat features of the land, street and lot layout within and adjacent to the proposed subdivision and includes preliminary design data of the Village of Penn Yan for related improvements.
A dedicated major road intended as a route for traffic between other major roads, communities, shopping centers or other such major attractors. "Major thoroughfares" can usually serve to collect traffic from minor roads.
An undedicated access point serving three or four lots and providing ingress or egress to a road or street. "Private drives" must have reciprocal easements and a common maintenance agreement.
An undedicated thoroughfare used as ingress or egress for five to 10 lots with reciprocal easements and a common maintenance agreement.
A map or plat which provides information concerning the actual location of improvements as built.
Revision of all or part of an existing filed plat, including consolidation of lots or alteration of approved lot boundaries. If the proposed "resubdivision" consists solely of the simple alteration of lot lines, then normal subdivision procedures may be waived at the discretion of the Board. Major or minor status is at the discretion of the Planning Board.
A lot with the rear lot line abutting an existing or proposed street.
PRIVATE RIGHT-OF-WAYExisting land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special use.
PUBLIC RIGHT-OF-WAYExisting land owned by public agencies for use as a street or other public purpose.
See "street."
See "alley."
The required space between any street or highway line and the wall of the main structure, including any attachment thereto, with the exception only of cornices or entrance steps.
A decision made by the lead agency at one or more points in the approval process. The decision establishes the degree to which the proposed project is likely to affect the environment.
A drawing prepared in accordance with Article III of these regulations showing in general form the manner in which a tract of land is to be subdivided or developed.
A formal review pursuant to Part 617 of the Environmental Conservation Law Rules and Regulations which encourages productive and enjoyable harmony between man and his environment; promotes efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and enriches the understanding of the ecological systems and natural, human and community resources important to the people of the Village of Penn Yan.
A general term used to describe a right-of-way, publicly or privately owned, serving as a means of vehicular and pedestrian travel and furnishing space for public utilities, shade trees and other improvements. The "street" provides a principal means of access to abutting property. Types of "streets" are defined in this article and are classified by function as follows: alley; collector street; cul-de-sac; driveway; local street; major street; marginal access road; minor street; parallel access road; primary or major thoroughfare; private drive; private road; and service drive.
Any person, firm, corporation, partnership or other organization or its agent proposing a subdivision, as defined herein.
The division of any parent parcel of land into two or more lots, with or without streets, for the purpose of sale, lease, license, improvement or any other reason.
The subdivision of a parent parcel of land into five or more lots.
The subdivision of a parent parcel of land into fewer than five lots.
A person licensed as a land surveyor by the State of New York.
The municipal governing board of the Village of Penn Yan.
Freshwater wetlands, including lands or submerged lands, commonly called "marshes," "swamps," "sloughs," "bogs" and "flats," supporting aquatic and semiaquatic types identified in Article 24 of the New York State Environmental Conservation Law.
The officially adopted map of the Village of Penn Yan which shows the boundaries of the zoning districts.[1]
The officially adopted zoning ordinance of the Village of Penn Yan, as amended: Chapter 202, Zoning, of this Code.
[1]
Editor's Note: The Zoning Map is on file in the Village Clerk's office.